The 4-206 form, integral to the legal process within the State of New Mexico's District Courts, serves as a crucial initial step in a civil lawsuit by formally notifying the defendant of the complaint and the requirement to respond. Created in alignment with Rule 1-004 NMRA, this summons communicates to the defendant the necessity of delivering an answer or motion responding to the attached complaint within a specific timeframe, normally thirty days post-service, excluding the day of service itself. Significantly, failure to comply with this directive could lead to a default judgment against the defendant, emphasizing the form's pivotal role in ensuring defendants are accorded fair notice and the opportunity to defend themselves in court. Additionally, it details the process of serving the summons, offering various methods to accommodate different situations, including personal service, mail, or commercial courier service, and outlines the procedure for cases involving minors, incompetent persons, or entities such as corporations. The form also underscores the importance of the legal requirements for individuals serving the summons, who must be over the age of eighteen and not a party to the lawsuit, and provides space for documenting the service process. Adopted to ensure efficiency and clarity in the initiation of legal proceedings, the 4-206 form reflects the judiciary's commitment to procedural fairness and accessible justice.
| Question | Answer |
|---|---|
| Form Name | 4 206 Form |
| Form Length | 5 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min 15 sec |
| Other names | blank return summons new mexico, nm courts form 4 206, 4 206, new mexico form summons |
[For use with Rule
STATE OF NEW MEXICO
COUNTY OF __________________________
___________________ JUDICIAL DISTRICT
_____________________________, Plaintiff
v. |
No. __________ |
_____________________________, Defendant |
|
|
SUMMONS |
|
THE STATE OF NEW MEXICO |
TO: |
______________________________________, Defendant |
ADDRESS: ______________________________________________
You are required to serve upon ________________________ (name of plaintiff or plaintiff's
attorney) an answer or motion in response to the complaint which is attached to this summons within thirty (30) days after service of this summons upon you, exclusive of the day of service, and file your answer or motion with the court as provided in Rule
If you fail to file a timely answer or motion, default judgment may be entered against you for the relief demanded in the complaint.
Attorney or attorneys for plaintiff:
_____________________________________
Address and telephone number of attorneys for
plaintiff (or of plaintiff, if no attorney):
_____________________________________
(Street or P.O. box)
_____________________________________
(City, state and zip code)
_____________________________________
(Telephone number)
WITNESS the Honorable _______________________, district judge of the _____________
_________________ judicial district court of the State of New Mexico, and the seal of the district
court of ____________ County, this ____ day of _____________, ______.
____________________________
Clerk of court
By _________________________
Deputy
Dated: ____________________
RETURN1
STATE OF NEW MEXICO )
)ss
COUNTY OF ___________ )
I, being duly sworn, on oath, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served this summons in ______________ county on the _____ day
of ______________, _____, by delivering a copy of this summons, with a copy of complaint
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attached, in the following manner:
(check one box and fill in appropriate blanks)
[] to the defendant ____________________ (used when defendant accepts a copy of summons and complaint or refuses to accept the summons and complaint)
[] to the defendant by [mail] [courier service] as provided by Rule
After attempting to serve the summons and complaint on the defendant by personal service or by mail or commercial courier service, by delivering a copy of this summons, with a copy of complaint attached, in the following manner:
[] to _________________________, a person over fifteen (15) years of age and residing at the usual place of abode of defendant _________________, (used when the defendant is not presently at place of abode) and by mailing by first class mail to the defendant at __________________
(insert defendant's last known mailing address) a copy of the summons and complaint.
[] to ______________________, the person apparently in charge at the actual place of business or employment of the defendant and by mailing by first class mail to the defendant at
_____________________ (insert defendant's business address) and by mailing the summons and complaint by first class mail to the defendant at __________________ (insert defendant's last known mailing address).
[] to _______________________, an agent authorized to receive service of process for defendant ___________________________.
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[] to __________________, [parent] [guardian] [custodian] [conservator] [guardian ad litem] of defendant _____________________ (used when defendant is a minor or an incompetent person).
[] to __________________________ (name of person), _________________________, (title of person authorized to receive service. Use this alternative when the defendant is a corporation or an association subject to a suit under a common name, a land grant board of trustees, the State of New Mexico or any political subdivision).
Fees: ___________________________
__________________________________
Signature of person making service
__________________________________
Title (if any)
Subscribed and sworn to before me this _____ day of ____________, _______.2
______________________________
Judge, notary or other officer authorized to administer oaths
______________________________
Official title
USE NOTES
1.Unless otherwise ordered by the court, this return is not to be filed with the court prior to service of the summons and complaint on the defendant.
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2.If service is made by the sheriff or a deputy sheriff of a New Mexico county, the signature of the sheriff or deputy sheriff need not be notarized.
[Adopted effective August 1, 1988; as amended by Supreme Court Order No.
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